Minneapolis cop will stand trial in Anoka County assault

The Minneapolis police officer accused of assaulting a man at a bar while off duty last summer is on his way to trial.

At a hearing Wednesday, Dec. 5, Anoka County District Judge Lawrence Johnson denied a motion by Sgt. David Clifford's attorney to dismiss the charges based on the assertion the lead detective on the case mishandled the investigation.

"Let me lay to rest any hope you have to dismiss the case ... that is not going to happen," Johnson said.

Defense attorney Fred Bruno argued dismissal was warranted based upon "misconduct" on the part of Anoka County Detective Thomas Strusinski when he interviewed two key witnesses.

Those witnesses were a husband and wife who had been with Clifford at Tanner's Station bar in Andover June 16 when the former SWAT team leader allegedly punched Brian Vander Lee, causing the 43-year-old Ramsey man to fall and hit his head on the bar's concrete patio. He later underwent multiple brain surgeries.

Transcripts reveal both the husband and wife separately told Strusinski they saw Vander Lee stand up before Clifford swung at him, suggesting the officer acted in self defense, Bruno said.

Strusinski followed up by asking what each would say if he told them video surveillance showed Vander Lee remained seated throughout the altercation.

"When you slow down (the video tape)... you can see (Vander Lee)... is on his feet... and in the process of throwing a left hook," Bruno said.

Other witnesses at the bar told investigators they saw Clifford approach Vander Lee while he was sitting at a table and initiated a "verbal confrontation" before punching him in the mouth area, according to the criminal complaint.

The video from the bar was submitted into evidence Wednesday.

Anoka County Assistant Attorney Blair Buccicone argued against dismissal, saying the Minnesota Supreme Court has authorized law enforcement to use hypothetical statements, such as "what if," when questioning witnesses.

Also at the hearing, Johnson took under advisement a separate motion filed by Bruno asking the court to order Vander Lee to submit to drug testing on one of his hair follicles to indicate whether he was on stimulants, such as methamphetamines, at the time of the incident.

Buccicone argued the defense had not met the standard to be granted such a request but said Vander Lee did not object to providing the sample.

Johnson also agreed to take unspecified sanctions related to Strusinski's investigation techniques under advisement.

Clifford, who is on administrative leave, has served on the Minneapolis police force since 1993.